Since January 1, 2023, the revised Law on Intellectual Property of 2022 has officially taken effect, in this amendment there are a few more prominent points compared to the old Law. Specifically, these new points are as follows:

1. Amendment and supplementation of a number of terms in the Law on Intellectual Property

According to the Law on Intellectual Property Intellectual Property Law 2022, the following words have been changed:

• Derivative work means a work that is based on one ore multiple works by translation from one language into another, adaptation, editing, notation, selection, modification, arrangement and other types of adaptation

Previously, according to regulations, a derivative work was a work translated from one language into another, a work that was adapted, adapted, adapted, compiled, annotated, selected, or edited.

• Published work, audio and video recording means a work or audio and video recording which has been published with the permission of the copyright owner or related right owner in order to distribute it to the public in any shape or form in a reasonable amount of copies.

Compared to the old regulations, the supplementary phrase “form” of the copy is any shape or form

• Reproduction means the making of one or many copies of the entire or part of a work, audio or video recording by equipment or form.

Compared with the old law, there is no longer a provision for one or more copies, instead adding a provision for the creation of all or part of the work; no longer specifically stipulates covering electronic form

Some of the new points specified in this 2022 amendments are as follows:

• Royalty means an amount of money paid for the creation or transfer of copyrights and related rights to a work, performance, audio or video recording, broadcast, including writers’ pays and remunerations.
• Technological measure for right protection means the use of any technology, equipment or component during normal operation in order to protect copyrights and related rights from certain acts that are not permitted by the holders of copyrights and related rights.
• Effective technological measure means a technological measure for right protection that enables holders of copyrights and related rights to control the use of their works, performances, audio and video recordings, broadcasts and encrypted program-carrying satellite signals via applications that control access, protection procedures or copy control mechanism.
• Right management information (RMI) means information serving identification of works, performances, audio and video recordings, broadcasts, encrypted program-carrying satellite signals; about authors, holders of copyrights and related rights, conditions for use thereof; identification numbers of this information. Right management information shall be attached to the copies or appear together with the works, performances, audio and video recordings, broadcasts when they are transmitted to the public.
• Broadcasting means the public transmission of sound or image or both sound and image, the reproduction of sound or image, the reproduction or sound and image of a work, performance, audio and video recording or broadcast to the public, including satellite transmission, transmission of encoded signals in case the decoding devices are provided for the public or with the consent of the broadcasting organization.
• Communication to the public means public transmission of works; sounds, images of performances; sounds, images or fixation of sounds, images in audio and video recordings by any means other than broadcasting.”;
• Secret invention means an invention that has been identified as a state secret by a competent organization in accordance with regulations of law on protection of state secrets

Currently, industrial design is the external appearance of a product expressed by shapes, lines, colors or a combination of these elements.

• Well known mark means a mark widely known by the relevant sections of the public throughout the territory of Vietnam.

Compared with the current, replace “consumer” with “public throughout the relevant”

• Geographical indication (GI) means the sign that indicates the geographical origin of the product from a specific area, region, territory or country.

2. Add content about the author, co-author

In Article 12a of the Law on Intellectual Property 2005 as amended by the Law on Intellectual Property Amendment 2022, the author and co-author is defined as follows:

• The author is the person that directly creates the work.

Compared with Decree 22/2018/ND-CP, the regulation no longer stipulates that the author is the creator of a part or the whole of the work; no longer clearly define works as literary, artistic and scientific works

• In case two or more persons collaborate to create a combined and complete work, they are co-authors.

Compared to the current Decree 22/2018/ND-CP, co-authors are authors who jointly create part or the whole of literary, artistic and scientific works.

• The person who provides support, opinions or documents for another person to create a work is not an author or co-author.
• The moral rights and economic rights to a work with co-author must be exercised with the consent of the co-author, unless the work has a separate part which is detachable for independent use without prejudice to the parts of the work of the co-author or otherwise prescribed by law. (New point)

3. Supplementing the moral rights

In Article 19 of the Law on Intellectual Property 2005 as amended by the Law on Intellectual Property Amendment 2022, the moral rights of the author are as follows:

Moral rights includes:

• The right to name their works.

Authors are entitled to transfer the right to name their works to other organizations and individuals as prescribed in Clause 1 Article 20 of this Law; (New point)

• The right to have their real names or pseudonyms attached to their works; the right to have their real names or pseudonyms announced when their works are published or used;
• The right to publish or permit other persons to publish their works;
• The right to protect the integrity of their works;

Forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author.

4. Additional exceptions for non-infringement of copyrights

In Article 25 of the Law on Intellectual Property 2005 as amended by the Law on Intellectual Property Amendment 2022, the exceptions do not infringe copyright as follows:

Cases in which a published work may be used without permission or payment of royalties except provision of information about the author and origin of the works:

• The user makes a copy for the personal purpose of scientific research or study and of a non-commercial nature. This does not apply if the copy is created using a copying device;
• The user reasonably reproduces part of the work using a copying device for the personal purpose of scientific research or study and of a non-commercial nature.
• The user reasonably uses the work to as illustration in a lecture, printed matter, performance, audio or video recording, broadcast for teaching purposes. This may include sharing the work in a local network, provided technical measures are taken to make sure that it is only accessible to the teacher and the learners in that session.
• The user uses the work in public service activities of state agencies;
• The user reasonably cites the work without misrepresenting the author’s views to comment, introduce or illustrate in the user’s own work, to write a news article or periodical, in a broadcast or documentary;

The user uses the work for library operation of a non-commercial nature, including

• Reproducing works being stored in the library for preservation, provided these copies are marked as archived copies and have restricted access in accordance with regulations of law on library and archiving;
• reasonably reproduces part of the work using a copying device serving another person’s research or study;
• reproduces or sends the archived work on the inter-library network, provided the number of concurrent readers do not exceed the number of copies held by these libraries, unless otherwise is permitted by the right owner. This does not apply if the work has been digitally released;
• The user performs a theatrical work, musical work, dance or work of other art forms during a cultural event of a non-commercial nature;
• The user photographs, telecasts an fine art, architectural, photographic, or applied art work displayed at a public place for introduction of such work of a non-commercial nature;
• The user imports copies of another person’s work for personal use of a non-commercial nature;
• The user reproduces the work by publishing on a newspaper or periodical, broadcasts or otherwise publicly present the lecture or speech or talk within an appropriate scope for the purpose of news production, unless the author announces he/she holds the copyright;
• The user photographs, makes an audio or video recording, or broadcasts an event in which the work is heard or seen for the purpose of news production;
• A person who has visual impairment or any impairment that render him/her unable to read printed text or read the work in a conventional way (hereinafter referred to as “disabled person) and his/her carer who satisfies the conditions specified by the Government uses the work in accordance with Article 25a of this Law.

The use of a work in the manners specified in Clause 1 of this Article must not contradict the normal use of the work and must not cause unreasonable damage to the lawful interests of the author or copyright owner.

Regulations on reproduction specified in Clause 1 of this Article do not apply to architectural works, fine art works, computer programs, collection and compilation of works.

5. Changes in copyright and related rights registration dossiers

Pursuant to Clause 2, Article 50 of the Law on Intellectual Property 2005 as amended by the Law on Intellectual Property Amendment 2022, stipulates the dossiers for registration of copyright and related rights as follows:

• The application form.
  • The declaration form must be written in Vietnamese and contains information about the applicant, the author, the owner(s) of copyright or related rights;
  • Completion time;
  • Summarized content of the work, performance, audio recording, video recording or broadcast;
  • The name of the author, copyright owner, the work used for creation of the derivative work if the work to be registered is a derivative work;
  • Time, location and form of publication;
  • Information about re-grant or replacement (if any);
  • Commitment to take responsibility for information provided in the declaration form.
  • The declaration must bear the signature or fingerprints of the author, owner of copyright, owner of related rights, unless they are not physically capable of signing or appending fingerprints.

The Minister of Culture, Sports and Tourism shall prescribed the declaration form for registration of copyright or related rights;

• Two copies of the work that is the subject of the application for copyright registration, or two copies of the formulated object the subject of the application for related rights registration;
• Authorization letter if the applicant is an authorized person;
• Documents proving ownership of artistic freedom or assignment of creativity works, creativity contract, inheritance of rights, transfer of rights;
• Written consent of the co-authors in the case of a work under joint authorship;
• Written consent of the co-owners if the copyright or related rights are jointly owned.

Note: The documents stipulated in Points c, d, dd and e of this Clause must be written in Vietnamese. Documents in other languages must be translated into Vietnamese.

6. Supplementing the form of submitting copyright registration dossiers

Pursuant to Clause 1, Article 50 of the Law on Intellectual Property 2005 as amended by the Law on Intellectual Property Amended 2022, the dossiers for registration of copyright and related rights are as follows:

Authors, owners of copyright and related rights may directly or authorize other organizations or individuals to submit applications for registration of copyright or related rights to copyright authorities, whether in person, by post or on National Public Service Portal.

Compared to the current one, supplementing the form of submitting documents through the online public service portal or the postal service

7. Supplementing the right to register as a result of scientific and technological tasks funded by the state budget

In Article 86a of the 2005 Intellectual Property Law as amended by the Amendment of the Intellectual Property Law 2022, regulated that:

• Regarding inventions, industrial designs and layout designs that are results of science and technology missions wholly funded by state budget, the rights to register them shall be automatically assigned to the presiding organizations without compensation, except for the cases specified in Clause 3 of this Article.
• Regarding inventions, industrial designs and layout designs that are results of science and technology missions partially funded by state budget and other sources, part of the right to register them in proportion to the ratio of state funding shall be automatically assigned to the presiding organizations without compensation, except for the cases specified in Clause 3 of this Article.
• Right to register inventions, industrial designs and layout designs that are results of science and technology missions in the field of national defense and security:
  • In case the science and technology mission is wholly funded by state budget, the State shall have the right to register inventions, industrial designs and layout designs thereof;
  • In case the science and technology mission is funded by multiple sources including state budget, the State shall have part of the right to register inventions, industrial designs and layout designs thereof in proportion to the ratio of state funding;
  • The representative of state ownership shall exercise the right to register specified in Point a and Point b of this Clause.